If one seeks to analyze the causes of difficulty which the public authorities test to stop sectarian drifts, it appears that this situation can hold with three causes: that is to say the existing means of right would not make it possible to thwart them; that is to say the current legal device is adapted overall but incomplete and thus allows only partially to face there; maybe, finally, it is sufficient, but is not applied in a completely satisfactory way.
The study of legal devices leads your commission to so think that it is overall adapted to the problems arising from the sects and does not require an overall reform.
One notes nevertheless, as one saw above, that it was often difficult to prosecute organizations which had criminal behavior.
The response to these problems thus passes with a very pragmatic attitude, based above all on strong prevention, a better application of the law, and improvement of some points in the existing legal device.
A.- A BALANCED OVERALL DEVICE, WHICH DOES NOT JUSTIFY A LEGAL REVOLUTION
Any spiritual movement, insofar as it expresses religious convictions or, at the very least, beliefs, is protected by the principle of freedom of conscience.
This freedom, which is defined as the capacity to act in accordance with the indications of one's conscience, in particular in religious matters, is, one will recall, guaranteed by Article 10 of the Declaration of the Rights of Man and of Citizens of 1789, the 5th subparagraph of the preamble of the Constitution of 1946, as well as by Article 2 of the Constitution of 1958.
This freedom is equally consecrated, in an even more precise way, by several International Conventions of which France is part. This is so in Article 9 of the European Convention to Protect Human Rights and Fundamental Freedoms, ratified by France in 1973, and in Article 18 of the international pact relating to civil and political laws of 1966, which went into effect in France in 1981.
Any spiritual movement enjoys, in addition, the right to meet, guaranteed by the law of June 30, 1881, as well as the right of association, envisaged by Article 2 of the law of July 1, 1901 relating to the contract of association.
These three freedoms can however be exerted only within certain limits.
Respect for law and order comes first, i.e., in the broad sense, peace, security, health and public morality. Thus, Article 3 of the law of July 1, 1901 mentioned above lays out that "any association founded for a cause or for a sight to an illicit purpose, contrary to the laws and contrary to good morals, or for which the purpose would be to attack the integrity of the national territory and the republican form of Government, is null and not an avenue [avenue in this context could also mean 'not seen,' as in not recognized]. Thus, in a stop of 14 May 1982 (International Association for Krishna Consciousness), the Council of State has estimated that the only restrictions likely to be made as to the exercise of the Krishna's worship could be drawn with respect to public peace and with respect to the need to guarantee regulations in matters of hygiene and safety in establishments which receive the public.
Respect for the freedom and rights of others comes second, because, as Article 4 of the Declaration of the Rights of Man and of the Citizen of 1789 affirms: "freedom consists in doing all that does not harm others." Thus, for example, it arises of answer brought by the Minister of the Interior to two questions written of Mr. Alain Vivien, that pursues an action of criminal character, an infraction of the law No 78-17 of 6 January 1978 relative to data processing, to files, and to freedoms, the sect which, by the means of inquiries or surveys regarding the use of tranquilizers, sent questionnaires to its adherents and non-adherents containing requests for information concerning identity, residence, profession, and the telephone number of the person questioned and of personalities known in the following spheres: world politics, media, arts, law, and finance (Rep. quest. Žcrites min. int. n. 8465 et 8467 : JOAN ] 10 avril 1989, p. 1691)
Lastly comes respect for the principle of [la•citŽ? secularity?], on which rests the separation of Church and State decided by the law of December 9, 1905, as on the neutrality of the State with respect to worship. Article 9 of this law lays out, indeed, points out, that "the Republic does not recognize, does not pay, and does not subsidize any worship."
Based on a balance between, on the one hand, freedom of conscience, of meeting, and of association and, on the other hand, respect for law and order, the rights and freedoms of others and the secularity of the Republic, the regimen of worship thus allows, while ensuring the expression of all the beliefs, to face the sectarian dangers.
1.- Regulations which, while guaranteeing freedom of religion, make it possible to repress the abuses of sectarian movements
If the spiritual movements have the legal means to exist and develop, the law envisages a significant arsenal making it possible to sanction the abuses which could be made under the cover of exercise of religious freedom.
a) The spiritual movements have several legal frameworks for expressing themselves
Non-declared associations can, according to article 4 of the law of July 1, 1901, collect contributions. They can also create funds intended for expenditures of the association, open a postal checking account, and sign contracts of employment.
They are not made the object of any specific administrative control.
The fact of not being declared prevents them, on the other hand, from enjoying the legal capacity. It follows that they can acquire neither to have a real inheritance, nor be party to legal proceedings.
It is very difficult to know how many sectarian movements choose this statute, which does not suppose any form of publicity, but they are probably very few.
To benefit from this statute, it is enough, pursuant to article 5 of this law, to:
- make a statement with the prefecture of the department or with the sub-prefecture of the district where the association has its registered social office, mention "the title and the object of the association, the seat of its establishment, and the name, profession, residence, and nationality of the person who, with an unspecified title, is charged with its administration or its direction";
- to join two examples of the statutes;
- to make the association public within one month by an insertion to the "Official Journal" of an extract containing the date of the declaration, the title and the object of association, as well as the indication of its registered office.
Equipped with legal capacity, these associations can, in addition to exerting the rights recognized to non-declared associations, in particular:
- to acquire, have and manage the contributions of their members, the room intended for their administration, and the meeting of their members and the buildings strictly necessary to the achievement of the goal which they propose;
- to possess corporate and incorporate [meubles - literally, pieces of furniture or movables. I suspect this is a legal term for movable furniture and equipment as opposed to real estate and fixtures. -translator], as well as being titular of a right to the lease relating to a residential building;
- to receive manual gifts, liberalities of the public utility companies, as well as public subsidies of the State, areas, departments, parishes and publicly-owned establishments;
- to withdraw remuneration of rendered services;
- be party to legal proceedings.
On the other hand, they can be subjected to tax control (article 1999 of the general code of the taxes) and to that of the factory inspectorate (article 143.5 of the fair labor standards act), possibilities which one can consider it regrettable that they are not more used.
In addition, they cannot - except for those which are recognized of public utility [or public service] and for those for which the purposes are exclusively assistance, benevolence, scientific or medical search - receive donations or legacies.
Very easy to obtain, the statute of declared association offers many rights while imposing few constraints. Also, the majority of the sects adopt it.
This mode is defined by the law of 9 December 1905 relating to the separation of Church and State.
The creation of "cultuelle associations" is subjected, in addition to the conditions planned for declared associations, to some other particular obligations. Thus must they have as their sole purpose the exercise of a worship to be made up of at least seven people in the parishes of less than 1,000 inhabitants, of fifteen people in the parishes from 1,000 to 20,000 inhabitants and 25 major people in the parishes of more than 20,000 inhabitants.
They benefit from all the rights granted to declared associations, except that of receiving grants from the State, from departments, and from parishes, because of the principle of separation between Churches and the State.
Moreover, they can receive, in addition to the product of the searches and collections for the expenses of the worship and the remunerations for the ceremonies and religious services, testamentary liberalities and [entre vifs? - between sharp?] (article 19, subparagraph 4 of the law of December 9, 1905). However, this possibility is subjected to an authorization granted by prefectoral decree when the value of liberality is lower or equal to 5 million francs [$835,000 US Dollars] and decree in Council of State when it exceeds this amount.
In addition, pursuant to articles 200 and 238 (a) of the general code of the taxes, their benefactors can deduct from income tax or corporation tax, within a certain limit, a percentage of liberalities which are granted.
It is advisable finally to observe that, in accordance with article 24 of law of 9 December 1905, the building assigned to exercise of worship is exempt from land tax pertaining to State, to department, and to commune, and that the minister of religion can be affiliated, pursuant to article L.721.1 of error correcting the Social Security code, with a special mode of social security.
Lastly, these associations are the objects of financial control by the Administration of Recording and by the General Inspection of Finances.
Few sects were seen recognizing this statute until now.
Some declare themselves "cultuelle associations," by including this expression in their name. This is the case, for example, of the "Cultuelle Association of the Witnesses of JŽhovah" and the sect of Mandarom, which in 1991 took on the name "cultuelle association of the temple pyramid of the unit of the religions." But that does not mean, however, that they were granted recognition as such by the administration. Moreover, in kind, they do not profit from this statute.
It is the administrative jurisprudence which has specified the contours of the concept of cultuelle association, by giving a restrictive definition.
Its conception of the "cultuelle" object thus resulted in refusing this statute to the Union of Atheists (EC, Union of Atheists, 17/06/1988), whereas the European Commission of Human Rights considers that this association could, by an analogy of opposites, be regarded as "cultuelle." In addition, the Council of State judged that the publishing and sale of religious books (EC, Association Brotherhood of the Servants of the New World, 21/01/1983) or an educational, social, and cultural activity, was the prolongation of a cultuelle activity (EC, 20/10/1990, cultuelle Association of the Armenian Apostolic Church of Paris), could not be regarded as "cultuelle" activities.
In addition, the Council of State refused to recognize the statute of cultuelle association to Jehovah's Witnesses in a stop of the Assembly of February 1, 1985 (EC, 1/02/1985, Christian Association of the Witnesses of JŽhovah), considering that this association did not have an activity in conformity with law and order and the national interest.
The absence of a precise motivation for this last decision has besides caused some criticism on the one hand of doctrine, in particular by Professor Jacques Robert, who has estimated that it must lead the administration to seize the Public Prosecutor to make note of the nullity of the aforementioned association by the Court de Grande Instance [not knowing the court structure in France, I'm guessing this might be similar to the Supreme Court in the U.S.], in accordance with provisions of articles 3 and 7 of law of 1st July 1901, and that such a restriction to freedom of worship leads to the reconstitution of recognized worship, situation at which the law of December 9, 1905 precisely intended to put a term.
Always is it that it is according to these jurisprudential criteria that the statute of cultuelle association is granted by the administration. Still is not also that in an indirect way by the Office of the Worship or the prefectures at the time of a request aiming at profiting from the advantages envisaged by article 19, subparagraph 4 of the law of December 9, 1905 (liberalities) or of articles 200 and 238 (a) of the general code of the taxes (deductions of taxes). Taking into account the multiplication of associations which are presented in the form of an expression of new religious movements and likely to require to profit from the statute of "cultuelle association," it is not certain that these administrations alone have the means of ruling in all knowledge of cause on such requests.
Approximately 500 congregations currently exist in France, of which half were recognized since 1970. Almost all of them concern the Catholic religion, but one counts among them four Orthodox, six Buddhist, and one Protestant.
Their legal status is organized by title III of the law of July 1, 1901. This text provides that they are recognized by decree taken on assent of the Council of State and grants the same advantages to them as those conferred on "cultuelle associations."
But the law does not give a definition of a congregation and jurisprudence is extremely rare on this point.
In any event, according to the Bureau of Worship of the Ministry for the Interior, few sects asked to benefit from this statute. A request was formulated in this direction by Mandarom de Castellane (Knights of the Gold Lotus) recently, but it was rejected.
It is thus, for example, with the Church of Scientology which diffuses its doctrines through multiple companies of formation and of services.
Then the common de jure system for the legal form of the company created would apply.
These are, in fact, legal particularities specific to certain departments and whose existence is due to historical reasons.
This is the case notably of the system for the worships [or religions] of the Alsace-Moselle, founded on a statute of concordat. It is characterized mainly by the maintenance of the distinction between recognized worships and non- recognized worships, the management of the worships recognized by publicly-owned establishments, the remuneration of the priests, certain financial obligations, particular tax advantages, and a narrower control by the administration.
This is the case also of the system of religious missions in overseas territories and with Saint-Pierre-et-Miquelon, as well as of the departmental denominational system departmental denominational in Guyana.
If the spiritual movements thus benefit from several legal frameworks by which to express themselves, the law however makes it possible to repress the abuses to which some can be delivered.
B) A significant legal arsenal makes it possible to penalize cultic "drifts"
To convince oneself, it is enough to examine, for each type of sectarian danger identified by the General Information study, the legal means at the disposal of the victims and the public authorities to opposed the danger.
- article 31 of the law of December 9, 1905 concerning the separation of Church and State, punishing "with the penalty of envisaged fines for infringements of the 5th class and an imprisonment of ten days to one month, or one of these penalties only, those which, are by ways in fact, violence or threats against an individual, maybe while making him fear to lose his employment or to expose to damage his person, his family, or his fortune, [any person who] will have determined to exert or to abstain from exerting a worship, to form part or to cease forming part of a cultuelle association, to contribute or to abstain from contributing to he expenses of a worship.
- sanctions envisaged against the malevolent phone calls or to sound aggressions reiterated in order to disturb the peace of others (Article 222.16 of the new penal code);
- penalties repressing insults to good morals, offences against public decency and sexual harassment (Article 283 and following and Article 330 and following of the penal code; art. 227.23 and following, 222.32, 222.33 and 227.25 and following of the new penal code);
- penal provisions concerning drug traffic (Article 222.34 and following of the new penal code), on the assumption that a sect would incite its followers to consumption of drugs;
- penalties relating to the illegal exercise of medicine (Article L-372 and following of the code of the public health);
But your Commission notes - with regret - that recourse has hardly been made to these provisions within the framework of the fight against sectarian drifts.
Moreover, besides these traditional provisions, the new penal code in application since March 1994 comprises a new incrimination likely to constitute an additional legal means to fight against the practices of certain sectarian movements. This is article 313-4, the terms of which say "fraudulent abuse of a state of ignorance or of a situation of weakness, either of a minor, either of a person who is particularly vulnerable due to his age, with a disease, with a physical or psychic deficiency or with a state of pregnancy, be this apparent or known of its author, to oblige this minor or this vulnerable person with an act or with an abstention which to him would be seriously prejudicial, is punishable with three years of imprisonment and with a fine of 2,5000,000 F [I think the extra zero was a typo; I'm guessing 2,500,000 was intended. $416,250 US Dollars]". Entirely new, - just as articles 225-13 and 225-14 which will be evoked further at the time of the examination of the means of fighting against swindles and breach of trust - this article, without being specific to the sects, seems to be of a particular interest to repress cases of mental destabilization perpetrated by destructive sects which previously passed between the mesh of the net of criminal law. Your Commission can thus only emit the wish that the judges make use of article 313-4 each time that it is possible to sanction reprehensible acts done by sects.
Lastly, but it is not any more repression, the civil code comprises provisions relating to protection of the people of legal age, which can be applied in certain cases of deep destabilization. Thus, the law protects "the person of legal age whose deterioration of his personal faculties makes it impossible for him only to provide for his interests" or that person who, "by his prodigality, his intemperance or his idleness, is exposed to fall into need or compromises the execution of his family obligations " (Article 489 of the civil code). It is also thus "when mental faculties are deteriorated by a disease, an infirmity or an attenuation due to age" (Article 490 of the civil code). A mode to safeguard justice (Article 491 and following), of supervision (Article 492 and following), or of trusteeship (Article 508 and following) can then be applied.
- articles of the penal code and new penal code punishing theft (Article 379 and following of the penal code and 311.1 and following of the new penal code), swindle (Article 405 of the penal code and 313.1 of the new penal code) and breach of trust (Article 406 and following of the penal code and 314.1 and following of the new penal code);
- sanctions existing as regards false or misleading advertising (law No 73.1193 of December 27, 1973, Article 44; law No 78.23 of January 10, 1978, Article 30);
- regulation of begging on public streets (circular of July 21, 1987 relating to the call to public generosity);
- articles 225.13 ("the fact of obtaining from a person, while misusing his vulnerability or his situation of dependence, a supply of non-remunerated services or in exchange for a remuneration obviously without relationship to the importance of accomplished work is punishable with two years of imprisonment and a fine of 500,000 F [$83,250 US Dollars]") and 225.14 ("the fact of subjecting a person, while misusing his vulnerability or his situation of dependence, to lodging or working conditions incompatible with human dignity is punishable with two years of imprisonment and a fine of 500,000 F [$83,250 US Dollars]") of the new penal code, which makes it possible to sanction direct or indirect forms of manifest financial exploitation. One can only wish that these new provisions receive a frequent application in order to fight effectively against the financial exploitation of followers by the sects.
- obligations imposed by the civil code to spouses (Article 212 and following of the civil code). One quotes in particular article 215, which specifies that "spouses are mutually obligated to a community of life" and that "the residence of family is in a place that they choose by mutual agreement," as in article 220.1, which envisages that "if one of the spouses seriously neglects his/her duty and thus places the interests of the family in danger, the judge for family affairs can prescribe all the urgent measures that these interests require";
- parental obligations fixed by this same code and sanctions envisaged by this code whenever the obligations are not respected: forfeiture (Article 378 and following), loss or provisional deprivation of parental authority (Article 373 and following);
- article 371.4 of the civil code, lays out that "the father and mother cannot, except for serious reason, obstruct the personal relationship of a child with its grandparents" and that in consideration of an exceptional situation, the "judge for family affairs" can grant a right of correspondence or of visitation with some other person, parent or not;
- the penalties as regards renunciation of a minor, abandonment of family, attacks to the exercise of the parental authority or filiation or of endangering minors (articles 227.1 and following of the new penal code).
- removals and sequestrations (Article 341 and following and 354 and following of the penal code; art. 224.1 and following of the new penal code);
- aggravated assault (Article 309 and following of the penal code; art. 222.7 and following of the new penal code);
- torture (Article 303 of the penal code; art. 222.1 and following of the new penal code);
- nonassistance to someone in danger (Article 63 of the penal code; art. 223.6 and following of the new penal code);
- homicide (Article 296 and following of the penal code; art. 221.1 and following of the new penal code);
- rape (Article 332 and following of the penal code; art. 222.23 and following of the new penal code) and sexual aggression (Article 222.22 and following of the new penal code);
- prostitution and procuring (Article 334 and following of the penal code; art. 225.5 and following and R.625.8 of the new penal code);
- contributing to the delinquency and corruption of minors (Article 334.2 of the penal code; art. 227.22 of the new penal code);
- dangers threatening the health, security or morality of an unemancipated minor or the conditions of his education (Article 375 and following of the civil code, allowing justice to order measures of educational welfare).
- The question itself of enlistment of a child, in addition to the provisions mentioned above making it possible to oppose social isolation, rules can be applied relating to compulsory education (law of 28 March 1882, ordinance No 59.45 of 6 January 1959 and decree No 66.104 of 18 February 1966 on compulsory education and decree No 59.39 of 2 January 1959 on scholarships and of sanctions for diversion of minors (Article 354 and following of penal code; art. 227.7 and following of the new penal code).
Concerning the preventive measures, almost all of the provisions make it possible to guarantee public security, tranquility, health and morals. One can quote, for example, the safety requirements for establishments receiving the public (Article R 123-1 and following of code of construction and of dwelling), in the private establishment of teaching (law of 15 March 1850 on teaching, law of 30 October 1886 on the organization of primary teaching, law No 59-1557 of 31 December 1959 on the report between the State and the private educational establishment, decree No 60-389 of 22 April 1960, relative to the contract of association with state public education passed by the private educational establishment), or the regulation of advertising in favor of therapeutic materials and procedures (Article L 551 and following and R 5055 and following of the code of the public health). One can note in this respect that the appreciation of disorder with public law and order does not always appear very severe with regard to sects, in comparison with the way in which it is handled abroad, to which testifies the fact that the reverend Moon was recently able to hold a conference in our country whereas this authorization was refused to him in several European countries.
Concerning repressive measures, one can evoke, among others, in addition to the general principle of article 3 of the law of 1st July 1901 above mentioned, article 7 of this same law, fixing the method of dissolution of an association founded for an illicit cause or goal, contrary to the law, to good morals, or whose goal conflicts with the integrity of national territory and with the republican form of Government, its title V governing the forms of worship or the provisions allowing the dissolution of groups of combat and private militia (law of 10 January 1936 relative to groups of combat and private militia, 1st Article.)
- the proceedings of which certain sects are the object because of the punishable or prejudicial character of their acts, which, while revealing a danger, are themselves a sanction;
- the actions which they bring with regard to the people who have, according to them, tarnished their image, against which those can put forward, according to cases, the offence of slandering or insult (Article 30 and following of the law of July 29, 1881 on the freedom of the press), attacks to the personality {attacks to the private life (Article 226-1 and following of the new penal code); attacks to confidentiality (Article 226-13 and following of this code); libellous denunciation (Article 226-10 and following of this code); infringements of the rights of the person resulting from data-processing files (Article 226- 16 and following of this code), or those relating to the confidentiality of correspondence (Article 226.15 of this code) or to the inviolability of the residence (Article 2 (Article 226-4 and following of this code)}, as well as article 700 of the new code of civil procedure (judgment of expenses or of expenditures incurred not included/understood in the costs).
French law thus offers, as one sees, much means - the more so as the list above is not exhaustive - to avoid the various dangers presented by certain sectarian movements. One is forced to note however that the provisions evoked above only - are too seldom used to repress the reprehensible acts done by certain sects. The problem is not thus so much to reform a device which your Commission considers overall adapted to the fight against the sectarian drifts, as it is to apply it to the necessary determination.
2.- A radical reform does not appear desirable
A certain number of people engaged in various ways against the dangers which the sectarian phenomenon presents consider that the current legal device should be deeply reformed. The reflections carried out in this field take two different directions, the ones considering it necessary to work out a legal status specific to sects, the others being favorable to the recognition of sects as religions with a whole share. Without ignoring the interest of these steps, your commission arrived at the conclusion that it would be neither useful nor convenient to upset our legal structure.
a) Inappropriateness of a legal statute specific to cults
To create a specific legal statute for cults to answer the specific dangers that they present can appear to be a tempting idea at first.
Indeed, several arguments militate in this direction
First, it is true that the cult phenomenon has intrinsic characteristics: separation from the traditional religions, the frequent presence of a guru or of strong constraints often imposed on the followers, some testify. Whence came the idea that a clean legal framework should correspond to this singular phenomenon.
In addition, it is, as one saw, a phenomenon which tends to develop and whose forms change. It could thus, there still, justify an adaptation of law.
Thirdly, it presents significant and multiple dangers justifying an action of greater extent by the public authorities, which generally passes by the installation of new legal devices.
Certain specialists consider, moreover, that our legal arsenal is not perfectly well adapted to the problems arising from sects. Thus, for example, Colonel Morin develops the thesis, exposed in particular in Sectarus, according to which French law does not make it possible to repress psychic rape, a gap the thesis deplores.
Here, in addition, is how UNADFI, in number 36 (4th quarter of 1992) in its review "Bulles," devoted to sects and rights, considers the question:
"Consequently, without ignoring the difficulty and even the apparent impossibility of it, is it really excluded to legislate on the matter? In the same way that a defendant can be cleared of a charge of slander if he brings back proof of the truth of the defamatory facts, in the same way can one recognize that a charge of 'manipulation' could be made up on the condition of bringing back proof of the truth of manipulatory facts?
"With this intention, it would not be inevitably necessary to resort to psychiatric expertise (some psychiatrists today are still unaware of the process of mental manipulation practiced by the sects). It seems that it is possible to bring proof of manipulation lived in a sect, starting from criteria checked in precise facts, perfectly demonstrable, all the more convincing since they are not individual or isolated cases but collective and repetitive. These facts would make it possible to prove that the followers lost, with regard to the perverse practices of the sect, their critical spirit and their free will and sometimes became unconditionally fanaticized, ready to believe, say and do all, no matter what (...) "
And to quote the existence in Italy of the offence of "piaggio," i.e. of envožtement[?], intended to condemn any pressure exerted on a person by means of personal fascination concerned with social or cultural superiority.
Other specialists insist finally on the fact that, not only does the current mode not allow one to fight effectively against the dangers of sects, but that, moreover, it treats the various spiritual movements in an unequal way. Professor Joel Beno”t d' Onorio notes besides on this last point in "La Semaine juridique" [Legal Week] (No 20, 1988):
"The assembly of scattered texts can reveal a certain precedent for Catholic institutions in the national community: The law and the decree of 1901, then the law of 1921 on religious congregation, the memorandum with Saint-Sige on preliminary governmental consultation in regard to appointment of bishops, the exchange of diplomatic letters of 1923 on the substitute docŽsaines[?] associations, for Catholics, with cultuelle [worshipful, religious] associations of 1905 refused by Rome, the legal settlement of 1801 for the three departments of Alsace-Moselle, as well as taking into account the jurisprudence of certain elements of canonical rights composing a whole special legal type. In truth, one cannot stripe a feature of a feather [proverbial expression, I think], was this by means of a law even of a Constitution, a historical experiment of several centuries: France is a laic [or secular] country of Catholic tradition. It became, to some extent, 'Catho-laic.'
" In the same way to a lesser degree, considering their sociological representativeness, the other worships [or religions] recognized in the past (Protestant and Israelite) also benefitted from a particular treatment on behalf of the public authorities which have learned how to know them for nearly two centuries, which is not the case for new religious movements, even inoffensive ones (...) "
Whence came the idea that it would be advisable to work out a legal status specific to new spiritual movements, likely at the same time to guarantee that they conform to the laws of the Republic and to better recognize them. It could, according to some, take the form of a legal settlement or conventions passed with these movements. Thus for example, Philippe Gast writes in "Les Petites affiches" [The Small Posters] (No 90, 28/07/1995): "At an hour when the topicality brings regularly them be delirious of such and such sect, or the abuses of such and such religion, it is appropriate to consider the necessary development of criteria making it possible to distinguish between the religious movements and the 'bad' sects from the 'good.' For that, it is initially necessary to consider some conceptual reflections on this topic before trying to work out positive solutions which will be able to give place to a charter of the authentic spiritual movements."
At the end of its work, it does not appear however desirable for your Commission to recommend the development of a legal status specific to cults.
Such an enterprise would initially encounter a problem of definition. One saw, indeed, how difficult it was to define the concept of cults and the limits which the various possible approaches presented. However, the development of a legal status specific to sects would necessarily require choosing in favor of some of them, which would not fail to lend a side to all of the disputes.
Let us suppose, for example, that one retains the broadest meaning, and that one regards as sects all of the new spiritual movements, by difference with the traditional religions: how then to justify that these movements, which can sometimes show the same characteristics as [the traditional religions], are subjected to a different mode? How also to explain that one applies the same specific law to phenomena as dissimilar as peaceful spiritual trends and dangerous sects? If one chose, on the contrary, for a restrictive definition, according to which the sects correspond to all spiritual movements presenting dangers to the individual or to the community, the problem arises of knowing which criteria of danger to choose. However, the multiform, subtle, and changing character of the phenomenon renders evidence that this is, at the very least, a perilous enterprise.
In second place, this mode does not appear to be very compatible with several of our republican principles.
Indeed, it would result in not treating all the spiritual movements in an identical way, which would be likely to carry an attack, not only to the principle of equality, but also to that of the neutrality of the State with respect to worship.
In addition, insofar as the purpose of it would be in particular to prevent the sectarian "drifts," it would probably result in a narrower framing of the activities of the sects to which it would be very difficult to arrive without touching freedoms of religion, meeting, or association.
Thirdly, the arguments called upon in support of this proposal do not seem relevant.
One saw, indeed, that French law does not lack resources to combat the dangers presented by sects, in short, that to improve the current situation requires less an adaptation of the existing devices than their effective application.
With regard to the argument according to which the substantive positive law does not make it possible to fight certain forms of mental manipulation, such as some would describe as psychic rape, it is appropriate to observe that the sanctions envisaged by the new penal code against swindling, illegal exercise of medicine, abuse of weakness or abuse of vulnerability, constitute some good means of defense against this kind of practice. In addition, it seems, in fact, difficult to go further in the repression of methods of persuasion, under penalty of attacking the principle of freedom of expression.
Lastly, if all of the spiritual and religious beliefs are not subjected to the same mode, they are not either in the same situation, this would be only because some present dangers and others not. It is true however that certain differences are explained only for historical reasons: it is in particular the case for the special mode of the Alsace- Moselle.
The idea of creating a legal status specific to the sects has, moreover, as a whole, been rejected by public authorities and specialists.
Thus, the National Advisory Commission of Human Rights declared, in its opinion of 10 December 1993, that it "estimates that the freedom of conscience guaranteed by the Declaration of the Rights of Man and of the Citizen (1789), by the Universal Declaration of Human Rights, by the European Convention of Human Rights (article 9) renders inopportune the adoption of a specific legislation with regard to the phenomenon known as cults, which legislation would risk carrying an attack on fundamental freedom."
In the same way, Alain Vivien declared in an interview granted to "Figaro" on April 29, 1992: "One should not create particular legislation because of the risk of making the cults appear as martyrs. The arsenal at our disposal is completely sufficient, it is enough to apply it!"
Lastly, during its work, your commission hardly intended to support the idea of a legislation specific to the sects, the rare people who would be favorable there in the absolute agreeing that in fact any initiative in this direction would be at the very least inappropriate.
B) Risks of recognizing the cults as religions with a whole share
Some consider that it would be appropriate, without creating a specific mode, to recognize the new religious movements as religions with a whole share.
This idea was defended, in particular during a conference on Jehovah's Witnesses, organized on November 26, 1993 with the National Assembly by the Center of Formation and Legal Studies.
The principal reason called upon in support of this thesis, is that, although being religions, these movements do not benefit from the same statute as the traditional religions.
It is true, as one saw, that the statute of cultuelle association and congregation is in general refused to movements commonly called sects. Moreover, one can assert that to grant the benefit of this statute to them would permit the public authorities to better control them.
However, this idea does not seem to have been retained.
Indeed, one does not see how it would be possible to recognize as religions with a whole share some of the movements which, like a certain number of sects, either do not work towards an exclusively religious end, or have practices contrary to law and order and to the rights and freedoms of others.
From this point of view, the balance on which rests the law of December 9, 1905 between the freedom of conscience and association, on the one hand, and respect for law and order, on the other hand, does not take place to be called into question.
That being known, it is perfectly normal that the movements whose object is exclusively cultuelle [worshipful, religious] and who conform to the laws of the Republic are recognized, at their request, with the statute of cultuelle association or congregation. But, pursuant to the law, it rests with the administration, even with the administrative judge in the event of dispute, to examine whether these conditions are actually met.
It is thus not necessary to proceed to a radical reform of the existing legal statutes to solve the problems arising from the sects; it acts, in fact, rather, while resting on these [statutes], to imagine the practical means to face [or to battle] there.
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